VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_16-vv-00646
Package ID: USCOURTS-cofc-1_16-vv-00646
Petitioner: Marie O’donnell
Filed: 2017-01-31
Decided: 2017-07-26
Vaccine: influenza
Vaccination date: 2015-10-02
Condition: Guillain-Barre Syndrome
Outcome: compensated
Award amount USD: 250000

AI-assisted case summary:
Marie O’Donnell filed a petition for compensation under the National Vaccine Injury Compensation Program on January 31, 2017, alleging that she suffered Guillain-Barre Syndrome (GBS) as a result of an influenza vaccination she received on October 2, 2015. Petitioner stated that the vaccination occurred in the United States and that she suffered the sequelae of her injury for more than six months. Respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged GBS or any other injury. Despite this denial, the parties filed a joint stipulation for damages on January 30, 2017, agreeing that compensation should be awarded. The Special Master found the stipulation to be reasonable and adopted it as the decision of the Court. Marie O’Donnell was awarded a lump sum of $250,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision was entered on July 26, 2017. Petitioner was represented by Alison H. Haskins of Maglio Christopher and Toale, PA, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice. The decision was issued by Chief Special Master Nora Beth Dorsey.

Theory of causation field:
Petitioner Marie O'Donnell alleged that her October 2, 2015, influenza vaccination caused her Guillain-Barre Syndrome (GBS). Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. The public decision does not describe the specific theory of causation, medical experts, clinical details of the injury onset or progression, or any specific mechanism linking the vaccine to the alleged GBS. The parties stipulated to a lump sum award of $250,000.00 for all damages. The decision was entered on July 26, 2017, by Chief Special Master Nora Beth Dorsey. Petitioner counsel was Alison H. Haskins, and respondent counsel was Jennifer Leigh Reynaud.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_16-vv-00646-0
Date issued/filed: 2017-07-26
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 01/31/2017) regarding 25 DECISION Stipulation/Proffer ( Signed by Chief Special Master Nora Beth Dorsey. )(mpj) Copy to parties.
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Case 1:16-vv-00646-UNJ Document 33 Filed 07/26/17 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 16-646V
Filed: January 31, 2017
UNPUBLISHED
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
MARIE O’DONNELL, *
*
Petitioner, * Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccination;
* Guillain-Barre Syndrome (“GBS”);
SECRETARY OF HEALTH * Special Processing Unit (“SPU”)
AND HUMAN SERVICES, *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Alison H. Haskins, Maglio Christopher and Toale, PA, Sarasota, FL, for petitioner.
Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for respondent.
DECISION ON JOINT STIPULATION1
Dorsey, Chief Special Master:
On May 31, 2016, petitioner filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the “Vaccine
Act”). Petitioner alleges that she suffered Guillain-Barre Syndrome (“GBS”) as a result
of her October 2, 2015 influenza (“flu”) vaccination. Stipulation, filed January 30, 2017,
at ¶¶ 2, 4; Petition at 1-3 . Petitioner further alleges she received her vaccination in the
United States, and that she suffered the sequela of her injury for more than six months.
Petition at ¶¶ 1, 12; Stipulation at ¶¶ 3-4. Petitioner additionally represents that there
has been no previous action brought, award received, or settlement of civil action for
damages on her behalf as a result of her injury. Petition at 15-16; Stipulation at ¶ 5.
“Respondent denies that petitioner’s alleged GBS and residual effects were caused-in-
fact by the flu vaccine, and denies that the flu vaccine caused petitioner any other injury
or her current condition.” Stipulation at ¶ 6.
1 Because this unpublished decision contains a reasoned explanation for the action in this case, the
undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with
the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to
identify and move to redact medical or other information, the disclosure of which would constitute an
unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits
within this definition, the undersigned will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:16-vv-00646-UNJ Document 33 Filed 07/26/17 Page 2 of 7
Nevertheless, on January 30, 2017, the parties filed the attached joint stipulation,
stating that a decision should be entered awarding compensation. The undersigned
finds the stipulation reasonable and adopts it as the decision of the Court in awarding
damages, on the terms set forth therein.
The parties stipulate that petitioner shall receive the following compensation:
A lump sum of $250,000.00 in the form of a check payable to petitioner.
Stipulation at ¶ 8. This amount represents compensation for all items of
damages that would be available under 42 U.S.C. § 300aa-15(a). Id.
The undersigned approves the requested amount for petitioner’s compensation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Nora Beth Dorsey
Nora Beth Dorsey
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

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